Fine now is asking the governor appoint a special prosecutor to handle the investigation.

"Yesterday, I sent a letter to the state attorney over Brevard County, Phil Archer, asking for such an investigation," Fine wrote in his letter to Scott, dated Tuesday. "It was brought to my attention after sending that letter that Mr. Archer, as well as our sheriff, Wayne Ivey, have recently endorsed Commissioner Smith. While I certainly respect both of their right to have done so, one of the consequences of law enforcement officials meddling in local political races is it makes it impossible for them to appear to investigate their endorsees objectively."

Curt Smith(Photo: PROVIDED PHOTO)

Fine added that "it is not fair to Mr. Archer, Commissioner Smith or the public to be in that position."

The comments that generated Fine's concerns came during Smith's board report at the end of the July 10 County Commission meeting.

In his comments, Smith said: "I want to thank all of my supporters for coming out to the Brevard Republican Party picnic this past Sunday, and voting me as the Brevard Republican District 4 straw poll winner, and, in fact … they did such a good job, I got more votes than anybody else in the entire room. So I just want to thank all those folks."

Fine, R-Palm Bay, alleges that Smith violated Florida Statute "by engaging in political campaigning while acting in his official capacity" as a county commissioner.

"The public has the right to a full and complete investigation of Commissioner Smith free of political influence for a crime that is sufficiently serious that, if convicted, could include time in prison," Fine wrote.

Todd Brown, a public information officer for Archer, issued this statement earlier Tuesday: "Mr. Archer has received Representative Fine's letter, and is carefully reviewing both the concerns expressed and the cited statute. Once that process is complete, we'll announce his determination."

In a separate news release, Fine issued the following statement: “I was not aware when I sent my letter to Phil Archer yesterday that he had, just days earlier, joined Curt Smith’s campaign team. It puts Mr. Archer in an untenable position, which is why the governor has the ability to appoint special prosecutors. The public deserves an objective and unbiased investigation into Curt Smith’s potential criminal conduct.”

In reacting to Fine's initial complaint, Smith on Monday said: "I really couldn’t care less what Randy Fine thinks or does, as he is irrelevant to me and to most anyone who knows him. He is supporting my opponent and doing everything he can to damage my good name."

"Fortunately, voters are extremely smart and will see through his deceitful and negative attacks,” Smith said. "I think he needs to start worrying about his own election this fall. This is exactly what President Trump calls 'fake news.' "